Question & AnswerQ&A (Republic Act No. 9304)
Republic Act No. 9304 is titled the "Mt. Malindang Range Natural Park Act of 2004".
The State declares policy to protect and preserve Mt. Malindang, its biodiversity, communities, culture, and traditional way of life, ensuring conservation and sustainable development in harmony with nature.
Mt. Malindang Natural Park is established as a "Natural Park" under Sections 3(b) and 4(h) of Republic Act No. 7586 (NIPAS Act).
The park covers parcels of land within the Cities of Oroquieta, Ozamiz, Tangub and the Municipalities of Concepcion, Sapang Dalaga, Calamba, Aloran, Panaon, Jimenez, Sinacaban, Tudela, Clarin, Bonifacio, Don Victoriano, and Lopez Jaena in Misamis Occidental.
The Protected Area Superintendent (PASu) prepares the Management Plan in coordination with DENR, experts, and local communities. The Protected Area Management Board (PAMB) reviews, approves, and the Secretary certifies it. The Plan must conform to applicable laws and regulations.
PAMB issues rules and regulations, sets fees, approves management plans, recommends enforcers, accepts donations, manages funds, retains legal counsel, and identifies tenured migrants among others.
They are tribes such as the Subanens, who continuously lived in bounded lands since time immemorial, preserving their language, customs, traditions, and other cultural traits.
Tenured migrants are those who continuously occupied the park since June 1, 1987, and may be issued tenure instruments for specified areas for 25 years renewable for another 25 years. Their rights are subject to conditions in the management plan.
Prohibited acts include hunting, gathering, mineral exploration, and construction without permits. Penalties include those under Articles 309 and 310 of the Revised Penal Code or RA 7586, eviction, and forfeiture of materials used in offenses.
No, all purchase, sale, encumbrance, mortgage, usufruct, or lease of lands within the protected area to unqualified persons outside the park are null and void ab initio.
The PASu serves as the chief operating officer, prepares management plans, enforces laws, supervises personnel, acts as PAMB Secretariat, and develops community partnerships.
Their rights to ancestral domains are fully recognized and governed by customary laws. Lands occupied since time immemorial are presumed ancestral, and rights are collectively held unless proven otherwise.
IPAF is a special trust fund used solely for protection, maintenance, and management of the park. It includes fees, fines, donations, and proceeds from resource use within the park.
No exploration, exploitation, or utilization of non-renewable resources within the protected area is allowed, and energy projects require an Act of Congress.
LGUs retain ordinance-making powers over the territory but must consider protected area management objectives. Conflicts are settled by mediation if unresolved within PAMB.